By Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb
AMERICAN CONSTITUTIONAL legislations, Volumes I and II, combines instances, judgements, and authorial remark to maximise your studying and figuring out during this direction. those entire volumes conceal the whole variety of issues in constitutional legislation. all the chapters contains a longer essay delivering the felony, old, political, and cultural contexts for the set of edited judgements from the U.S. ultimate court docket case that follows. In deciding upon, enhancing, and updating the fabrics, the authors emphasize contemporary traits in significant components of constitutional interpretation. whilst, the authors comprise many landmark judgements, a few of which keep significance as precedents whereas others illustrate the brief nature of constitutional interpretation. as the ebook offers a superb stability of choices and authorial remark, this article appeals to teachers of legislations in addition to teachers of political technology.
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Additional resources for American Constitutional Law, Volume II: Civil Rights and Liberties
Can Governmental Inaction Be “State Action”? In modern times, the state action doctrine has been criticized as being too restrictive. Indeed, some have argued that CHAPTER 1 CONSTITUTIONAL SOURCES OF CIVIL RIGHTS AND LIBERTIES 21 the Fourteenth Amendment should be interpreted to impose an affirmative duty on government to protect persons against harm in some circumstances. This argument was made in dramatic form in the 1989 case of DeShaney v. Winnebago Social Services. There, the Supreme Court, dividing 6 to 3, held that a social services agency, regardless of its prior knowledge of the danger, did not violate the Fourteenth Amendment by failing to protect a child from his abusive father.
The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.
The Nineteenth Amendment (1920) removes gender as a qualification for voting. • The Twenty-fourth Amendment (1964) prohibits the imposition of a poll tax as a precondition for voting in federal elections. In 1966, the Supreme Court interpreted the Equal Protection Clause of the Fourteenth Amendment to extend this prohibition to state elections as well. • The Twenty-sixth Amendment (1971) lowered the minimum voting age to 18 in both state and federal elections. 28 VOLUME 2 CIVIL RIGHTS AND LIBERTIES STANDARDS OF REVIEW IN CIVIL RIGHTS AND LIBERTIES CASES The Supreme Court has developed several different standards of review in determining the constitutionality of laws affecting civil rights and liberties.
American Constitutional Law, Volume II: Civil Rights and Liberties by Jr. Otis H.(Otis H. Stephens Jr.) Stephens, II John M. Scheb